In re D.W.

Citations

• 2020 Ohio 2707

Syllabus

CONSTITUTIONAL LAW/CRIMINAL – CONFRONTATION CLAUSE – PLAIN ERROR – EVIDENCE – FIREARM – OPERABILITY – COUNSEL: The juvenile court did not commit plain error in considering the codefendant's inadmissible extrajudicial statements that implicated the juvenile where the victim's testimony and the juvenile's confession formed reliable evidence of delinquency. The juvenile court's finding that the juvenile used an operable firearm in an aggravated-robbery offense was supported by sufficient evidence and was not against the manifest weight of the evidence where the evidence showed that the juvenile and his codefendant approached the victim with handguns openly held at their sides the victim, who believed the guns were real, was instructed not to move and the juvenile confessed to telling the codefendant that the gun was real. The juvenile failed to demonstrate that he received ineffective assistance of counsel where he could not show that he was prejudiced by counsel's assenting to a violation of the Confrontation Clause or failing to object to the magistrate's decision.